School admission policy preventing sibling of child with brain tumour from enrolling, family says

A family says a policy requiring their eldest child, who has a brain tumour, to be assessed by the school board is “cruel.” CTV’s Katie Griffin reports.

An Ottawa mother is speaking out after her youngest child was denied the chance to enrol at her neighbourhood French public school this fall because of a policy requiring the eldest child in a family to be evaluated, despite the eldest child in her family having a brain tumour and limited vocabulary.

“Just the fact that they are only considering enrollment by birth order is cruel when your first child born has a terrible disease,” said Julie Jewett, mother of eight-year-old Lily and three-year-old Grace.

Lily was diagnosed with a brain tumour as a baby and has been profiled by CTV News Ottawa. She’s experienced a stroke, seizures and vision loss.

Grace is going into kindergarten this fall and Jewett wanted to enrol her at a nearby French public school.

“She’s a bright kid who learns quickly,” Jewett said of Grace.

Jewett was surprised when le Conseil des écoles publiques de l’Est de l’Ontario told her its admission policy states that a family’s eldest child, in this case Lily, has to be assessed even though it’s only Grace who will be attending.

“Grace is being punished because her older sister has a disability and her academic opportunities and her cultural opportunities in a Francophone school are completely being taken away from her,” Jewett said.

In a statement, le Conseil des écoles publiques de l’Est de l’Ontario (CEPEO) said it commends Jewett’s desire to provide Grace with a French-language education and that a final decision has not been made.

“We can assure you that it will be treated with kindness and fairness and that it will take into account the rights and interests of all those concerned, in accordance with the CEPEO’s regulatory framework and the Ontario Education Act,” the statement read.

“If I were the school board, I’d be probably contacting the lawyers to get a legal opinion on this before refusing to at least give a kick at the can to this child,” said Anne Lévesque, an associate professor of law at the University of Ottawa.

“I think this policy could run afoul to the Ontario Human Rights Code, so they’re exposing themselves to a potential application for discrimination on the basis of disability and family status and also to Charter litigation under section 23."

After this story was posted online, the CEPEO called Jewett to set up a meeting for Grace to be evaluated.

“This is a unique situation that requires careful consideration by all parties involved while prioritizing the child’s learning and well-being,” the CEPEO added in an updated statement Wednesday evening.

Section 23 of the Charter of Rights and Freedoms deals with minority language educational rights.

“A fair and constitutional decision which upholds not just section 23, but the spirit of section 23, which is to try to build the communities, enhance their vitality, make sure that Francophones have as many people as possible to speak French with and to build strong communities, would be to give this child at least a kick at the can,” Lévesque said.

Although all siblings have a right to attend school once one child is enrolled, Jewett says Lily is in a modified program at another school where she’s doing well.

“We have no intention of sending her to a Francophone school and I’d be happy to sign whatever documents that legally states that and makes that binding. I presented that as an option and it was denied,” Jewett said.

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